Houston is a busy area. There always seems to be something going on, which means people are always on the roads making negligent decisions. When this happens, the results can be disastrous. If you have been injured in a car accident because of someone else’s reckless behavior, you may be entitled to compensation for your time, injury, and inconvenience. Working with a Houston personal injury lawyer may help you recover the compensation you need to get back to your life.
The Law Firm of Aaron A. Herbert PC, the injury attorney of Texas, understands that recovering from a car accident can put you in an incredibly vulnerable position. You may be struggling to keep up financially, unable to work because of your injuries, or worried about how you will pay building medical bills. Our Houston car accident lawyer is here to help you through the legal process.
What Does a Car Accident Lawyer Do?
There are countless moving parts after a car accident. You may be speaking with doctors, rental car agencies or dealerships, insurance adjusters, and possibly representatives of the other party’s insurance company. A Houston auto accident lawyer can help you navigate this process most effectively in several ways.
Investigation
Part of building a strong personal injury or car accident case is performing a thorough investigation into what occurred during an accident. This includes determining what caused it and how it happened. An attorney from our Houston auto accident law firm may collect statements from witnesses, recover medical records and police reports, or review photographs of the scene.
Identifying All Liable Parties
A favorite technique of insurance companies is to deny the liability of the individual they insure. This makes diligent investigation and skilled interpretation of the data to determine all of the potentially responsible parties a crucial part of any personal injury case. Suppose the insurance company is able to decrease its liability, and the remainder does not fall on you. In that case, it is in your best interest to identify any other parties that can be held responsible for your injuries.
Communication
One of the most time-consuming tasks our Houston car accident attorney takes on is handling communication regarding anything about your case. Once your lawyer sends a letter of representation to the insurance company, they can no longer contact you directly and must go through your attorney. If you receive calls from them, you can simply tell them they need to contact your attorney and keep a record of the call.
Many people find great benefits in having someone manage this kind of communication because it relieves time and decreases the chances of you accidentally saying something to damage your case.
Representation
When you have an attorney, part of their job is to represent you in legal settings. This can include depositions, filing legal paperwork, or attending hearings. While you are generally expected to attend and participate in these, your Houston auto accident attorney is there to handle as much as they can and guide you through anything they cannot do themselves.
Additionally, if your claim goes to court and is presented to a jury, an attorney can construct your argument and represent you there.
How do You Know if You Need a Car Accident Lawyer
This can be a complicated answer because you may be fine managing your claim on your own until you are not. Insurance companies look out for their own assets with no concern for yours. This makes you vulnerable to their techniques to reduce the amount they pay out. Additionally, they will always have an attorney to consult with cases when necessary. Some general indicators that it is time to at least consult with an attorney to consider your options are:
- You were injured in an accident
- Your property was damaged
- You had to miss work while recovering from your injuries
- You feel pressured by the insurance company to quickly commit to a settlement amount that you feel is lower than fair
- Lingering emotional effects that disrupt your day-to-day
- If you have any concerns regarding your liability in the accident
Put simply, any time you have an accident, it may benefit you to consult with someone from a Houston car accident firm like the Injury Attorney of Texas. When you contact us for a consultation, we can discuss the details of your case and determine your best option moving forward.
What to Expect from Your Case
The specific back-and-forth differs for each car accident or personal injury case. However, there are a few steps that you can expect to encounter during your settlement negotiation or lawsuit.
- Investigation: During this time, the insurance company and your attorney will investigate. This may include gathering documents like police reports and medical records and taking statements.
- Determining fault: After reviewing the evidence, the insurance company will determine if their driver was at fault and, if so, how much responsibility they should claim.
- After fault is determined and the insurance company begins wanting to settle out, it is often advised to ensure your medical treatment has been completed before agreeing to an amount, or you may be able to estimate future costs with your attorney if your injury requires long-term care.
- Negotiations: After the company determines they are responsible for paying out your claim, settlement negotiations will start.
- Lawsuit: If the negotiations are not going well and you are unable to agree on a fair settlement amount, you may choose to move forward with filing a lawsuit with the Houston court system.
People often wonder how long their case will take. Though it is just a few steps to get to settlement negotiations, this process can take months or years to complete. However, these negotiations operate within the two-year time limit given by the Texas statute of limitations for personal injury claims. It is not uncommon for insurance companies to draw out the process in an effort to call your bluff and make you feel rushed to settle before the timeline runs out.
What Can Delay Your Case?
One of the most common sources of delay in your case is the insurance company. They may try to require unreasonable documentation or tasks from you while investigating your case or request that you resend certain documents for various reasons. These frivolous delays may increase the pressure to accept a settlement offer before the statute of limitations is up, even if you do not feel the offer is fair.
Another reason insurance may delay your claim is that they determine they are not responsible for paying it. This may be due to denied liability or even because they do not feel your injuries were as severe as you claim. These strategies are some that an experienced car accident attorney is familiar with and can help you navigate.
Another common, yet often surprising, reason for delay is medical treatment. Completing treatment before agreeing to a settlement amount is commonly advised. This allows time to most accurately predict any anticipated medical costs and minimize the chances of an unexpected complication that skyrockets your medical bills and makes your settlement amount inadequate.
Why is Negotiation So Important in My Houston Car Accident Case
Before a judge takes your case, negotiation is one of the most critical skills an auto accident lawyer can have. An attorney who is a skilled negotiator can be the difference between the lowball initial offer provided by the insurance company and enough compensation to begin living life again. Some of the skills most valued by The Law Firm of Aaron A. Herbert PC are:
- Effective communication
- Building solid relationships with opposing counsel
- Accurate assessment of the strengths and weaknesses of your case
- Utilizing leverage
- Persisting through challenges
A personal injury attorney who can comfortably develop and utilize this skillset is an attorney who is likely to see more positive outcomes. Our car accident law firm boasts of being as comfortable in front of a judge as we are in settlement negotiations. However, that does not mean we do not endeavor to walk away with a fair settlement offer without taking a case to trial.
Causes of Car Accidents
Car accidents happen in Texas every day. In recent years, the Texas Department of Transportation reports that an accident occurred once per 57 seconds. This same report shows that nearly 245,000 people were injured in car accidents. While TDOT reports that bridge collapses did not cause any fatalities in Texas for the last reporting year, some of the behaviors and conditions that did cause accidents include:
- Distracted driving
- Drugs or alcohol
- Speeding
- Failure to yield
- Failing to check the blind spot
- Aggressive driving
- Poor road conditions
- Poor visibility
- Negligent maintenance
The specifics of each case can vary. If someone is distracted, it could mean they were conversing, trying to wrangle their loose pet in the vehicle, or responding to an e-mail. Thankfully, the reason hardly matters unless the reason points to a third party. Some examples of this may be if maintenance was recently done and the mechanic made an error that caused a break malfunction. Third-party liability may also be a situation in which the city landscaping has failed to trim a bush that blocks the path from view, preventing cars from safely turning.
Understanding Proportionate Liability
Texas operates on a proportionate liability or modified comparative negligence structure for personal injury cases. In a Houston car accident, this means that you may claim damages proportionate to liability as long as you are found to be 50% or less responsible. This is good news in that it allows you to recover compensation for injuries, even if you were partially at fault. However, that also means that you will lose compensation if you are considered to have contributed to your accident and may lose the ability to collect compensation altogether if you are considered 51% responsible.
An example of when this may come into play is if someone fails to yield appropriately for a left turn and hits you, but you are speeding. Both parties violated the law and were responsible for the injuries. In a situation like this, it may be argued that the accident would not have happened if the other person had yielded appropriately or if you had been driving the speed limit, creating a messy apportioning of liability.
In cases where you may have heavily contributed to your own injuries, it is crucial to remember that the difference in compensation can be dependent upon a percentage or two. An auto accident attorney may make the difference in those percentages, allowing you to claim compensation.
Steps to Take After a Houston Car Accident
In the immediate aftermath of an accident, it is not uncommon to feel disoriented and unsure of what to do. A helpful way to consider the appropriate action is to consider what you may need when navigating a personal injury claim. A few steps that may make your case easier to manage down the road include:
- Call 911: This can ensure that EMS is sent out and can evaluate any injuries on the scene. Additionally, the call will generally summon a police officer to the scene who will create an accident or crash report, which is required in accidents that result in property damage in excess of $1,000 or cause the injury or death of an individual.
- Take photos: photographs can do a lot to document the scene of the accident, corroborate or refute witness statements, provide support to your claim of injury, and generally document the scene. An attorney may advise you to take photos of the scene, damage to vehicles or other structures, any skid marks, and any injuries.
- Seek medical attention: this will ensure that any injuries hidden by stress hormones or adrenaline are addressed. It will also begin a chain of documentation regarding your injuries, which can be crucial to a successful settlement.
- Keep detailed records: Part of your personal injury claim revolves around providing documentation to support your claims. Keeping records that include invoices, medical records, and the details of any other costs you may have incurred or losses suffered can reduce the chances of the insurance company’s refusal to pay.
Whether you have taken all of the above steps or none, one of the most important things you can do to navigate your case is to call an auto accident law firm immediately to discuss your options. The insurance company has lawyers to consult. Getting your own just levels the playing field.
Injuries in a Car Accident
Injuries from a car accident can range from relatively minor to fatal. Some accidents may leave you feeling sore or uncomfortable but allow you to walk away, and others see you taken out of the accident with the assistance of the fire department and paramedics. Some of the more commonly seen injuries in car accidents are:
- Head, neck, and spine injuries, including concussions and whiplash
- Broken bones
- Internal bleeding
- Bruising and lacerations
- Traumatic brain injury
- Post-traumatic stress disorder
Each individual will have their own experience of a car accident; some broken bones may heal quickly, while others require multiple surgeries to correct and heal fully. This variation has a significant effect on the monetary value of the damages and losses you may claim for compensation. Working with an attorney can help ensure all of your costs relating to these injuries are accounted for to maximize the compensation awarded.
What Compensation is Available to You?
The purpose of any personal injury case is to hold the responsible party accountable while ensuring that you receive the compensation you deserve to help manage your injuries and losses caused by the injury. The value of your case depends heavily on the extent of your injuries and losses. Some common damages that an individual may claim include:
- Medical costs
- Lost wages
- Loss of earning potential
- Pain and suffering
- Loss of consortium
Wrongful Death
In the most tragic instance where you have lost a loved one, you may choose to file a wrongful death claim. This type of claim may allow you to cover medical expenses prior to the death of your loved one, as well as funeral expenses. Nothing can ever bring them back or fill the hole their loss has left, but we hope that the compensation you receive can give you room to grieve the way you need to without the extra pressure of financial problems.
Call a Car Accident Lawyer in Houston Today
Recovering from an accident is a vulnerable and stressful time. While you may be capable of managing the legal side of your case on your own, you should not have to. When you call the Law Firm of Aaron A. Herbert for a free case consultation, you can discuss your case details with one of our team with no obligation.
When you work with one of our car accident lawyers, you can rest assured that you will not have to immediately add legal fees to your growing list of expenses because we work on a contingency fee schedule that does not pay us until we recover for you. You do not have to do this alone and should have the support and advocacy of an established car accident attorney.
